14 Facts About Universal jurisdiction

Universal jurisdiction is a legal principle that allows states or international organizations to claim criminal jurisdiction over an accused person regardless of where the alleged crime was committed, and regardless of the accused's nationality, country of residence, or any other relation to the prosecuting entity.

Crimes prosecuted under universal jurisdiction are considered crimes against all, too serious to tolerate jurisdictional arbitrage.

Concept of universal jurisdiction is therefore closely linked to the idea that some international norms are erga omnes, or owed to the entire world community, as well as to the concept of jus cogens – that certain international law obligations are binding on all states.

Kenneth Roth, the executive director of Human Rights Watch, argues that universal jurisdiction allowed Israel to try Adolf Eichmann in Jerusalem in 1961.

Examples of particular states invoking universal jurisdiction are Israel's prosecution of Eichmann in 1961 and Spain's prosecution of South American dictators and torturers.

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The center has filed a grievance with the United Nations for Canada's failure to invoke universal jurisdiction to enforce the Convention Against Torture, a petition on which action is pending.

Taylor contested the Special Court's Universal jurisdiction, claiming immunity, but the Special Court for Sierra Leone concluded in 2004 that "the sovereign equality of states does not prevent a head of state from being prosecuted before an international criminal tribunal or court".

The ICJ's decision issued on 14 February 2002 found that it did not have jurisdiction to consider the question of universal jurisdiction, instead deciding the question on the basis of immunity of high-ranking state officials.

However, the matter was addressed in separate and dissenting opinions, such as that of President Guillaume who concluded that universal jurisdiction exists only in relation to piracy; and the dissenting opinion of Judge Oda who recognised piracy, hijacking, terrorism and genocide as crimes subject to universal jurisdiction.

Universal jurisdiction's appeal following his conviction was rejected by the German Federal Court of Justice, Germany's highest court of appeal for criminal matters, on 30 April 1999.

Israel argued universal jurisdiction based on the "universal character of the crimes in question" and that the crimes committed by Eichmann were not only in violation of Israel law, but were considered "grave offenses against the law of nations itself".

In November 2011, the Kuala Lumpur War Crimes Commission purportedly exercised universal jurisdiction to try and convict in absentia former US President George W Bush and former British Prime Minister Tony Blair for the invasion of Iraq.

Universal jurisdiction was used in Sweden for the trial of Hamid Nouri for involvement in the 1988 executions of Iranian political prisoners.

Universal jurisdiction was acquitted in September 2016, with the jury finding him not guilty on one count, and failing to reach a verdict on the other.